California moves to restrict the use of short-form Prop 65 warnings

On January 8, 2021, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of proposed rulemaking significantly limiting the use of the short-form warning as a safe harbor. The proposed regulation makes the following changes: Limiting the use of the short-form warning to products with 5 square inches or less of label … Continue reading

Stream-of-commerce considerations for consumer product patent infringement claims

An initial question a consumer product manufacturer or retailer should consider when sued for patent infringement is: does the court have personal jurisdiction? Determining whether a court has personal jurisdiction to hear a case can help avoid liability and dismiss a case early in the proceedings. This issue can present a difficult question for litigation … Continue reading

Coffee roasters and retailers defeat Proposition 65 lawsuit

We previously wrote about a regulation issued last year by the California Office of Environmental Health Hazard Assessment (OEHHA) exempting chemicals in coffee from Proposition 65’s warning requirement.  The question then was what effect the new regulation would have on the long-pending industry-wide enforcement action brought by the Council for Education and Research on Toxics … Continue reading

Breach of contracts and a social media gaming celebrity

As more and more consumer markets brands turn to influencers and social media stars to promote their products, novel legal issues are bound to arise! Sue Ross and Eva Yang provide their analysis on a case recently litigated in the Southern District of New York that includes claims under California’s Talent Agency Act and the … Continue reading

Federal court says Prop 65 warnings for glyphosate violate the First Amendment

On June 22, 2020, Judge William Shubb of the US District Court for the Eastern District of California entered an order prohibiting the State of California from requiring Prop 65 warnings for glyphosate, the active ingredient in the herbicide Roundup®. The decision was not based on whether glyphosate had been improperly listed under Prop 65, … Continue reading

Judge issues first ruling dismissing lawsuit for Braille on gift cards

Earlier this year, we posted about the new wave of ADA claims that flooded the district courts in New York concerning Braille on gift cards (see Braille on gift cards: ADA accessibility issue or novel shakedown?) . Four months later, a judge in the Southern District of New York issued the first ruling to shut … Continue reading

CCPA enforcement trends–what we are seeing

Despite limitations on private rights of action within the California Consumer Privacy Act, many were concerned that the plaintiffs’ bar would find creative ways to skirt CCPA’s boundaries. Four months into CCPA enforcement, those concerns have been borne out. We are seeing three worrisome enforcement trends: Expanding the CCPA’s private right of action; Cloaking a … Continue reading

Court tosses consumer class action based on alleged Prop 65 violation

As a California appellate court once stated, and many businesses find out to their dismay, Proposition 65’s enforcement procedures make “the instigation of Proposition 65 litigation easy—and almost absurdly easy at the pleading stage and pretrial stages.” Consumer Defense Group v. Rental Housing Industry Members, 137 Cal. App. 4th 1185, 1215 (2006). A recent ruling … Continue reading

While more states issue reopening plans, other states extend closure

In a sign of the dramatically uncertain nature of next steps, more states have issued orders to partially reopen their economies, while others have extended closure orders that were set to expire at the end of the month. Reopening Alaska, Colorado, Georgia, Minnesota, Mississippi, Montana, Oklahoma, South Carolina, Tennessee, and Vermont all have taken the … Continue reading

Plans for reopening begin at state, federal level

State coalitions forming In an effort to plan for reopening their economies, several states have announced regional collaboration efforts. This includes New York and six other Northeastern states, and California, Oregon, and Washington in the west. Earlier this week, California Governor Gavin Newsom outlined a framework to reopen the western economies, predicated on six key indicators:… Continue reading
LexBlog